AGENCY WORKERS REGULATIONS

Rights under the Agency Worker Regulations 2010 ('AWR')

The AWR came into force on 1st October 2011 and provides individuals that are classed as ‘agency workers’ with additional rights. The rights can be split into two categories (i) those which apply from the first day of an agency workers assignment (or 1st October 2011 if they are already on assignment) and (ii) those rights which apply after an agency worker has been engaged with a hirer in the same role for a continuous period of 12 weeks (with some short breaks or breaks for particular reasons, such as illness or maternity preserving such continuity).

What are my ‘Day One Rights'?
You will have the right to access collective facilities and amenities at your place of work and to be notified of suitable, relevant vacancies within the organisation. The collective facilities and amenities could include facilities such as canteens, car parks, toilets and changing rooms, crèche facilities etc. However, this is only to the extent that these are provided to a directly engaged person undertaking the same job. These can be excused if a Client can provide a good objective reason why you cannot have such access.

What are my ‘12 Week Rights'?
As stated above, an agency worker will also have rights after they have been working in the same role for the same hirer for 12 weeks. These 12 weeks can be through any agency or a combination of agencies, so it is therefore important that you advise us if have already completed an assignment with the said Hirer and in what role.
After 12 weeks in the same role at the same hirer you will have a right to receive the same pay and basic working conditions that you would have received had you been engaged directly by the hirer on the first day of the assignment, provided that such rates and terms are "ordinarily in force" within the organisation i.e. formally recorded or usual custom or practice. This effectively means that Hewett Recruitment will need to pay you the same rate as you would have been paid had you been taken on directly by the hirer and provide the same rest breaks, overtime, bonuses (if relevant) and annual leave that would have been applicable.

If you have any queries or questions regarding the AWR, please talk to your consultant in the first instance – we are here to help!